Salford City Council - Record of Decision
I Councillor Peter Connor, Lead Member for Housing Services, In exercise of the
powers conferred on me by Paragraph F6 (a) (11), of the Scheme of Delegation
of the Council do hereby authorise the instigation of legal proceedings against
the owner of 137 Leigh Road, Boothstown, Worsley Salford, M28 1LG for an
offence of failing to comply with Improvement Notice contrary to section 30(1) of
the Housing Act 2004.
The reasons are that the owner is the person having control of a house and has
failed to comply with the requirements of an (Suspended) Improvement Notice.
Failing to comply with an (Suspended) Improvement Notice is an offence.
Options considered and rejected were: - Take no further action – This option
is not considered viable as the landlord has failed to make satisfactory effort to
meet the requirements of the (suspended) Improvement Notice and provided a
defence of not agreeing with requirements.
Furthermore, the landlord may interpret failure to prosecute as a lack of resolve
to robustly apply the provisions of the Housing Act 2004, in order to secure the
objectives set out in the Council’s housing strategy, i.e. to tackle poor quality
private rented homes to a decent standard and to improve both the quality of the
housing stock and the image of the area.
Assessment of Risk
Low.
The Council’s legal representatives consider that the evidence is sufficiently
strong to offer reasonable prospect of a conviction and that prosecution is in the
Public Interest.
The source of funding is
Unless the Council fails to prove its case and legal costs are awarded against it,
there are no costs other than the normal operating costs associated with officer
time.
If costs were awarded against the Council, then they would be met from the
Housing Market Support Enforcement Budget.
Legal Advice obtained. Yes. Contact Officer: Melinda Edwards
The prosecution file has been reviewed against the code for Crown Prosecutors
and meets the full code test for consideration of evidence and is in the public
interest.
Financial Advice obtained. Yes. Contact Officer: Alison Swinnerton
There is sufficient budgetary provision within the 2011/2012 Housing Market
Support Enforcement Budget.
Unless the Council fails to prove its case and legal costs are awarded against it,
there are no costs other than the normal operating costs associated with officer
time.
If costs were awarded against the Council, then they would be met from the
Housing Market Support Enforcement Budget.
The following documents have been used to assist the decision process. None.
(if the documents disclose exempt or confidential information, they should not be
listed, but the following wording shall be inserted : "(The relevant documents
contain exempt or confidential information and are not available for public
inspection)":Contact Officer: Lisa Protano-Williams
Tel No. 0161 793 2832
*
This decision is not subject to consideration by another Lead
Member/Director
*
The appropriate Scrutiny Committee to call-in the decision is the
Sustainable Regeneration Scrutiny Committee.
Councillor Peter Connor
Lead Member for Housing
6th June, 2011
*
This decision was published on Monday, 6th June, 2011.
*
This decision will come in force on Tuesday, 14th June, 2011 unless it is
called-in in accordance with the Decision Making Process Rules.